Compulsory Licensing of Patents in India

Abstract

Compulsory licensing is defined generally as the granting of a license by a government to use a patent without the patent-holder's permission. As applied to international intellectual property rights, it allows governments to grant licenses for patent use in situations where the patent-holder is either not using the patent within the country or is not using it adequately. Most of the drugs for which compulsory licenses have been granted in India are used for treatment of life-threatening diseases. The pharmaceutical companies however object on the ground of violation of their patent rights. This chapter discusses the provisions for compulsory licensing in TRIPs and the India patent system.